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on probation,
suspend, revoke or take other disciplinary or |
non-disciplinary action as deemed appropriate
including the |
imposition of fines not to exceed $10,000 for each
violation,
|
as the Department may deem proper,
with
regard to a license for |
any one or combination of the
following
causes:
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(1) Violations of this Act or its rules.
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(2) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or |
sentencing, including, but not limited to, convictions, |
preceding sentences of supervision, conditional discharge, |
or first offender probation, under the laws of any |
jurisdiction of the United States that is (i) a felony or |
(ii) a misdemeanor, an
essential element of which is |
dishonesty or that is directly
related to the practice of |
the profession.
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(3) Making any misrepresentation for the purpose of
|
obtaining a license.
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(4) Aiding or assisting another person in violating any
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provision of this Act or its rules.
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(5) Failing to provide information within 60 days in
|
response to a written request made by the Department which |
has
been sent by certified or registered mail to the |
licensee's
address of record or by email to the licensee's |
email address of record.
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(6) Discipline by another U.S. jurisdiction or foreign
|
nation, if at least one of the grounds for the discipline |
|
is the same or
substantially equivalent to one set forth in |
this Section.
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(7) Solicitation of professional services by means |
other
than permitted under this Act.
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(8) Failure to provide a patient with a copy of his or
|
her record upon the written request of the patient.
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(9) Gross negligence in the practice of acupuncture.
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(10) Habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other chemical agent or drug |
that results in an
acupuncturist's inability to practice |
with reasonable judgment, skill, or
safety.
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(11) A finding that licensure has been
applied for or
|
obtained by fraudulent means.
|
(12) A pattern of practice or other behavior that |
demonstrates
incapacity or incompetence to practice under |
this Act.
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(13) Being named as a perpetrator in an indicated |
report
by the Department of Children and Family Services |
under the
Abused and Neglected Child Reporting Act and upon |
proof by
clear and convincing evidence that the licensee |
has caused a
child to be an abused child or a neglected |
child as defined in
the Abused and Neglected Child |
Reporting Act.
|
(14) Willfully failing to report an instance of |
suspected
child abuse or neglect as required by the Abused |
and Neglected
Child Reporting Act.
|
|
(15) The use of any words, abbreviations, figures or
|
letters (such as "Acupuncturist", "Licensed |
Acupuncturist",
"Certified Acupuncturist", "Doctor of |
Acupuncture and Chinese Medicine", "Doctor of Acupuncture |
and Oriental Medicine", "Doctor of Acupuncture", "Oriental |
Medicine Practitioner", "Licensed Oriental Medicine |
Practitioner", "Oriental Medicine Doctor", "Licensed |
Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.", |
"Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any |
designation used by the Accreditation Commission for |
Acupuncture and Oriental Medicine
with the intention of |
indicating practice as a licensed
acupuncturist without a |
valid license as an acupuncturist
issued under this Act.
|
When the name of the licensed acupuncturist is used |
professionally in oral, written, or printed announcements, |
professional cards, or publications for the information of |
the public, the degree title or degree abbreviation shall |
be added immediately following title and name. When the |
announcement, professional card, or publication is in |
writing or in print, the explanatory addition shall be in |
writing, type, or print not less than 1/2 the size of that |
used in the name and title. No person other than the holder |
of a valid existing license under this Act shall use the |
title and designation of "acupuncturist", either directly |
or indirectly, in connection with his or her profession or |
business. |
|
(16) Using claims of superior quality of care to entice
|
the public or advertising fee comparisons of available |
services with those of
other persons providing acupuncture |
services.
|
(17) Advertising of professional services that the |
offeror of the
services is not licensed to render. |
Advertising of professional services that
contains false, |
fraudulent, deceptive, or misleading material or |
guarantees of
success,
statements that play upon the vanity |
or fears of the public, or statements that
promote or |
produce unfair competition.
|
(18) Having treated ailments other than by
the practice |
of
acupuncture as defined in this Act, or having treated |
ailments of
as a licensed acupuncturist pursuant to a
|
referral by written order
that provides for management of |
the patient by a physician or dentist without having |
notified the
physician or dentist who established the |
diagnosis that the patient is
receiving acupuncture |
treatments.
|
(19) Unethical, unauthorized, or unprofessional |
conduct as defined by
rule.
|
(20) Physical illness, mental illness, or other |
impairment that results in the inability
to practice the |
profession with reasonable judgment, skill, and safety, |
including, without limitation, deterioration through the |
aging process, mental illness, or disability.
|
|
(21) Violation of the Health Care Worker Self-Referral |
Act.
|
(22) Failure to refer a patient whose condition should, |
at the time of evaluation or treatment, be determined to be |
beyond the scope of practice of the acupuncturist to a |
licensed physician or dentist. |
(23) Holding himself or herself out as being trained in |
Chinese herbology without being able to provide the |
Department with proof of status as a Diplomate of Oriental |
Medicine certified by the National Certification |
Commission for Acupuncture and Oriental Medicine or a |
substantially equivalent status approved by the Department |
or proof that he or she has successfully completed the |
National Certification Commission for Acupuncture and |
Oriental Medicine Chinese Herbology Examination or a |
substantially equivalent examination approved by the |
Department. |
The entry of an order by a circuit court establishing that |
any person
holding a license under this Act is subject to |
involuntary admission or
judicial admission as provided for in |
the Mental Health and Developmental
Disabilities Code operates |
as an automatic suspension of that license. That
person may |
have his or her license restored only upon the determination by |
a
circuit court that the patient is no longer subject to |
involuntary admission or
judicial admission and the issuance of |
an order so finding and discharging the
patient and upon the |
|
Board's recommendation to the Department that the license
be |
restored. Where the circumstances so indicate, the Board may |
recommend to
the Department that it require an examination |
prior to restoring a suspended
license.
|
The Department may refuse to issue or renew the license
of |
any person
who
fails to (i) file a return or to pay the tax,
|
penalty or interest shown in a filed return or (ii) pay any |
final
assessment of the tax, penalty, or interest as required |
by any tax
Act administered by the Illinois Department of |
Revenue, until the
time that the requirements of that tax Act |
are satisfied.
|
In enforcing this Section, the Department upon a showing of
|
a
possible
violation may compel an individual licensed to |
practice under this Act, or
who has applied for licensure under |
this Act, to submit
to a mental or physical examination, or |
both, as required by and at the expense
of the Department. The |
Department may order the examining physician to
present
|
testimony concerning the mental or physical examination of the |
licensee or
applicant. No information shall be excluded by |
reason of any common law or
statutory privilege relating to |
communications between the licensee or
applicant and the |
examining physician. The examining
physicians
shall be |
specifically designated by the Department.
The individual to be |
examined may have, at his or her own expense, another
physician |
of his or her choice present during all
aspects of this |
examination. Failure of an individual to submit to a mental
or
|
|
physical examination, when directed, shall be grounds for |
suspension of his or
her
license until the individual submits |
to the examination if the Department
finds,
after notice and |
hearing, that the refusal to submit to the examination was
|
without reasonable cause.
|
If the Department finds an individual unable to practice |
because of
the
reasons
set forth in this Section, the |
Department may require that individual
to submit
to
care, |
counseling, or treatment by physicians approved
or designated |
by the Department, as a condition, term, or restriction
for |
continued,
restored, or
renewed licensure to practice; or, in |
lieu of care, counseling, or treatment,
the Department may file |
a complaint to immediately
suspend, revoke, or otherwise |
discipline the license of the individual.
An individual whose
|
license was granted, continued, restored, renewed, disciplined |
or supervised
subject to such terms, conditions, or |
restrictions, and who fails to comply
with
such terms, |
conditions, or restrictions, shall be referred to the Secretary |
for
a
determination as to whether the individual shall have his |
or her license
suspended immediately, pending a hearing by the |
Department.
|
In instances in which the Secretary immediately suspends a |
person's license
under this Section, a hearing on that person's |
license must be convened by
the Department within 30 days after |
the suspension and completed without
appreciable
delay.
The |
Department and Board shall have the authority to review the |
|
subject
individual's record of
treatment and counseling |
regarding the impairment to the extent permitted by
applicable |
federal statutes and regulations safeguarding the |
confidentiality of
medical records.
|
An individual licensed under this Act and affected under |
this Section shall
be
afforded an opportunity to demonstrate to |
the Department that he or
she can resume
practice in compliance |
with acceptable and prevailing standards under the
provisions |
of his or her license.
|
(Source: P.A. 100-375, eff. 8-25-17.)
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